A charge of domestic violence can impact so many aspects of your life. It may ruin your reputation in the community or at work. Additionally, a conviction for domestic violence might be used against you as grounds for divorce. It might even affect your parenting time with your kids.
If you are being investigated by law enforcement for assault and battery in the home, it may be a smart preemptive decision to hire an attorney. A Culpeper domestic violence lawyer may be a powerful advocate in your defense.
One misconception about domestic violence is that the charges are filed by the complaining witness. In actuality, the Culpeper Commonwealth’s Attorney’s Office would institute criminal proceedings against the accused.
Even if a spouse or other housemate decides that they want to “drop the charges,” this is not possible, because they are not theirs to drop. This is why false reports of domestic violence can be so dangerous. Generally, it is not possible to undo the accusation, because the case is now in the hands of the local prosecutor’s office.
Individuals who have been falsely accused of committing assault and battery in the home may want to talk to a domestic violence lawyer in Culpeper.
The types of charges for domestic violence in Culpeper may depend on the type of abuse that is being alleged. Generally, the charges that may be filed are some levels of assault and battery.
In Culpeper, per the Code of Virginia §18.2-57, simple assault is a class one misdemeanor, as is assault and battery. The prosecutor might be able to tack on other charges, as well, such as child endangerment or breach of the peace. A Culpeper domestic violence attorney may be knowledgeable about other common charges.
When filing for a contested divorce, an estranged spouse might list extreme cruelty as their reason for divorce. To prove to the court that they were battered and thus entitled to a dissolution of marriage, a partner may present a police report or an assault and battery conviction as evidence of cruelty.
A domestic violence attorney in Culpeper may be well-versed in cases that involve at-fault divorce justifications.
The domestic relations courts in Culpeper work diligently to promote the best interest of the child. As such, if a parent is accused or convicted of charges related to domestic violence, it might impact their child custody and visitation agreement.
Also, per §16.1-253.1 of the Code of Virginia, a court may issue a preliminary restraining order against a parent if it receives a report of domestic violence. A protective order may prevent the accused from remaining in the home with the children or even visiting with them. A domestic violence lawyer in Culpeper may have experience with cases involving parents accused of battery in the home.
Whether you have been charged with domestic violence, or merely accused of it, it may be time to explore your legal options. Violence in the home is not taken lightly by the Culpeper courts.
If you are in need of legal assistance related to the assault or battery of a spouse or other family member, call a Culpeper domestic violence lawyer. Appointments may be available today, and then you can get started with your defense strategy.
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